Revolutionary War Pension and Bounty Land Warrant Application File S. 23226, David Frayer, New York

SERVICE
NUMBER _____
New York
Frayer, David
S 23226
CONTENTS

New York 31,330.
David Frayer
of Green co. in the State of N. York who was a private in the company commanded by Captain G. Cline of the ————— commanded by ————— in the N. York for 6 months private.
Hon R. H. Knapp
March 16/53
Date of death not on AB.
Inscribed on the Roll of New York (S. 1867) at the rate of 20 Dollars ————— Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 th day of Janu- ary, 1838 and sent to R. Hos- ford, Esq. Lexington Heights, N.Y.
Arrears to the 4th of Sept. 1837 = $130:00 Semi-ant. allowance ending 4. 6. 38 = 10:00
$140:00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by S. J. Elliott Clerk,
p. 2
Vol. 4
Page 23.

No 31. 044 David Fraser
See Sec of State on before
admd 6 mo pri 20 $
R. Hosford Esq Lexington Heights N.Y.

State of New York
Green County ss on the twenty seventh day of February 1837 personally appeared before me Henry Fosler one of the Judges of the Court of Common Pleas In and for the County of Green and State of New York David Frayer of the Town of Windham in the County of Green State of New York aged Seventy Seven years old who being first duly sworn according to Law doth in this battle depose, and make the following declaration In order to obtain the benefit of the Act of Congress passed June 7, 1832, That He the said David Frayer, Entered the Service of the United States In the Revolutionary War, under the following Officers, Hereafter Named, and Served as In Hereafter Stated, That He Entered the aforesaid Service, as a Soldier at Gwingston Manner, In the County of Columbia, State of New York, on the first day of April In the year 1776 for the time of four Months, to keep guard over Stores at a place Called Four Corner, at Gwingston Manner aforesaid, In the Company Commanded by Captain Conrad Cline, Peter Cline, Quintman, was drafted, that he there Continued to do duty, untill the first day of August, in the same year when he was discharged at Gwingston Manner aforesaid, And that He again Entered the Service at Gwingston Manner aforesaid, on the first day of April 1777, Sentered for the time of three Months, In Captain Conrad Cline's Company, Peter Cline Quintman, Went to Fort Edward, and Fort Ann, above Albany, and there Continued to do duty untill the first day of July, In the same year, when He was discharged at Fort Edward aforesaid, That He again Entered the same Service on the fifth day of July, In the year 1777, at the Town of Gwingston Manner, Enlisted for three Months, In the Company Commanded by Capt Conrad Cline, Peter Cline Quintman, went from Gwingston Manner to Still waters, above Albany, there Continued to do duty untill the tenth or twelfth of October In the same year, was discharged at Still waters, Samuel Judson was our major In these two Campaigns, Entered the same Service again on the first day of April 1778 at Gwingston Manner In the Company Commanded by Captain Abraham Souday, Richard Station Warner, for three Months was a substitute, Hired to go by my Brother Isaac Frayer, of Etowawa who went to the County of Dutches, was then Ordered with the Company to take charge of a number of Stores, went to Eerie near Boston there Continued untill the first of July same year discharged at Eerie aforesaid.
4-
3-
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And that He again entered the same service on the fifth day of July 1778 volunteered for six weeks at Swington manner in the Com- pany Commanded by Captain Conrad Cline Peter Cline Quintard went to Green Bush near Albany and there continued to do duty until about the twenty first of August when He was discharged at Green Bush. That He again entered the same service at Swington manner for the term of in the first of September 1778 by Discharge two months, went to the northward to Still waters above Albany under the same officers Captain Conrad Cline Peter Cline Quintard there continued to do duty in said Company until the fifth of December in the same year when He was dischar- ged at Still waters. That He faithfully served as a Soldier in the service of His Country one year four months and two weeks and he further swears that He never received any written discharge and that he has no documentary evidence or evidence but such as he formerly, and now swears on, and that He knows of no person whose testimony He can procure to prove His service, but such as now accompanies, and that he formerly been sent on to the board of War, and that He relinquishes every claim to a pension or annuity except the present, and He further declares that His name is not on the pension roll of the agency of any State, and that He has been at great trouble and expense to procure witnesses and in trying to procure more, and He further swears that He is now more seventy seven years old, that for many years past He has been a very poor sickly man and that His memory is not as it once was, yet He further swears that He will remember and knows that He served every hour of duty mentioned above but that He may be mistaken in some of the particular times that he served them but believes He has stated them correct they are certainly to the best of my remembrance.  David Frazer
Sworn and Subscribed this 29 th day of February 1831 Before me Henry G. Glee one of the Judges of the Court of Common Pleas in and for the County of Green State of New York.

Clergymans Certificate
We Henry B. Sturman Clergymen and Whiting Rice of the Town of Windham In the County of Green and State of New York do hereby Certify that we are both well acquainted with Mr. David Frayer and have been for more than Twenty years past who has above signed His name to the above declaration or affidavit and that we do believe that the said David Frayer is Seventy Seven years old, and is reputed and believed In the neighbourhood where he resides to have been a Soldier In the Revolution and we do fully concur In the same opinion, and we do further swear that He is Considered as a man of respectability Truth and Integrity and is Entitled to full Credit as a witness under oath or otherwise if any Man In Human Life Is -
Sworn and Subscribed this Twenty Seventh day of February 1837 Before Mr Henry Gorlee one of the Judges of the Court of Common Pleas In and for the County of Green State of New York
Henry B. Sturman Whiting Rice
Interrogatories of the Judge
Question 1 st Where and In What year were you born and Have you any record of your age Yes Where is it -
Answer - I was born In the Town of Gerington Manner County of Columbia State of New York I believe In the year 1758 or 59 I have no record of my age but my memory I am now Seventy Seven years old and rising -
Question 2 nd Where Where were you living when Called into Service where Have you Lived Since the Revolutionary War and Where do you now Live -
Answer When I entered the Service I Lived at Gerington Manner In the County of Columbia and State of New York where I Lived at the times of all my Services where I Lived until the Revolutionary War I soon after moved to the Town of Windham In the County of Green and State of New York where I Have Lived Ever Since I Came Here and now Live -

Question 4 th How Were you Called Into Service were you drafted or did you volunteer or were you a Substitute and if a Substitute for Who? Answer When I Entered the Service first I was drafted and volunteered the next enlisted and again and then was hired as a Substitute by my Brother the rest volunteered
Question 5 th State the names of some of the Regular Officers who were with the troops where you served such as Continentals and a Militia Regiments as you can recollect and the General Circumstances of your Services Answer I see Genl Schuyler, a number of times did not know the other Generals well knew Col Major Schuyler, and his own Officers
Question 6 th did you ever receive a discharge from the Service and if so by whom was it given and what was the name of it
Answer I never received any written discharge when my several powers of duty in Service expired I received a verbal discharge from my Captain
Question 7 th State the names of persons to whom you are acquainted or know in your present neighbourhood who can testify to your character for veracity and truth and their belief of your services as a soldier of the Revolution
Answer I am well acquainted with the Reverend Henry B Shimerd, Whiting Rice Esquire, Brad Swin and many others his present In His own town
Certificate of the Judge
I Henry Forster Judge as aforesaid do declare that my opinion is after the investigation of the matters and after putting the Interrogatories prescribed by the War department that the above named applicant was a Revolutionary Soldier and served as he states, and I do further certify that it appears to me that the Reverend Henry B Shimerd of the Town of Windham is now a Clergyman in Windham and that the said Whiting Rice who has subscribed his name with him to the above Certificate is an inhabitant of Windham, and that they are men of respectability truth and veracity, and I do further certify that the said David Frazar the above applicant is highly esteemed as a faithful

ble man, a man that is entitled to full credence, a Witness under oath or otherwise, and that He is justly entitled to a pension, and I do further certify that it is my opinion that the said David Frayer the above applicant by reason of bodily infirmitity cannot attend court, and I do further certify that it is my belief and the general belief of His neighbours in the neigh- bourhood where he now lives or resides that he was a Soldier of the Revolution, as he states, and I do further certify that when I put the above interrogatories to him the applicant that he was under oath administered by me.
Henry Gorce. Judge as aforesaid
State of New York
Green County ss. Whiting Rice and Arad Lewis of the Town of Windham In the County of Green and State of New York being duly sworn on their several oaths depose and say that they are well acquainted with M c David Frayer the within applicant & have said a neighbour to him for more than twenty years have — understood that He was an Old Revolutionary Soldier and that he is a man of respectability, truth and veracity and we do fully believe that He is justly entitled to a pension
Whiting Rice Arad Lewis
Sworn and Subscribed this 27 th day of Feb y 1837 before me Henry Gorce Judge as aforesaid
I Certify that Henry B. Stimpson, Whiting Rice, Arad Lewis, Ruben Hosford & Charles Frayer, who have signed the foregoing affidavits, are men of truth and veracity & that their testimony is entitled to full credit. Henry Gorce Judge as aforesaid

State of New York
Green County Sp. Reuben Hosford and Charles Frayer — of the County of Green and State of New York being duly sworn on their several Oaths depose and say that they went from Windham in the County of Green in Company with M c David Frayer within named Applicant went to the Town of Livingston Manor in the County of Columbia for the purpose of procuring the affidavit of General Samuel J. Hooker, to prove the services of M c David Frayer as a Soldier in the Revolutionary War being something like three years ago in the late summer, as we believe when we the said Reuben Hosford, and Charles Frayer, arrived at theanceing House of the said General Hooker, in Company with the said David Frayer, and then and there for something like one hour heard the said General Hooker and the said David Frayer, have conversation about the two campaigns to the northward in the year 1777. The General Hooker then and there said that He was the Major of the Regiment in the two campaigns at the northward that year that the said David Frayer did then and there go on, and state to the said General, many of the circumstances attending their travel, from their first marching from Livingston Manor to Albany, and many other circumstances that took place until the close of the two campaigns, and the said General then said that he perfectly remembers the most of them from the beginning to the close of the campaigns and that he had no doubt but that the said David Frayer was with him during the said campaigns. The affidavit of the said General Hooker, was in these words as near as these deponents can recollect, that He was a Major in the year 1777 went to the northward for six months that he did not remember the said David Frayer but from relating all the circumstances that took place during the campaigns he had no doubt but that the said David Frayer was with him during the said campaigns These are the substance of the General's affidavit as near as these deponents can remember

Sworn and Subscribed this 27 th day of February 1837 before me Henry G. Lee Judge as aforesaid State of New York
Reuben Hosford Charles Frayer
Green County ss Charles Frayer of the Town of Windham In the County of Green and State of New York being duly sworn and in both cases on oath and says that John Frayer of the Town of Durham In the County of Green was a Witness for the said David Frayer when the said David Frayer proceedings was first sent him that he went and obtained the said affidavit from the said John Frayer, which words in the affidavit were like the following as near as this deponent can remember, that the said John Frayer sworn in that affidavit that he well knew that a guard was kept at the four corners and that he well knew that his brother David went one day of three months for his brother David Frayer that the Troops had started off and that he went with a Horse and Carried his brother David until he overtook the Company and that he was but at other times, - that I-to his remembrance - and he further states that he is Correctly informed that the said John Frayer is now ninety years old totally blind and now so deaf that he can hear nothing so as to understand and therefore he believes that it is impossible to procure any Evidence from him -
Sworn and Subscribed this 27 th day of February 1837 before me Henry G. Lee Judge as aforesaid
Charles Frayer

Henry James Edwards Esq
Sir
Memorandum of a letter from me to you
Enclosed I send you the pension application of Mr David Krayer agreeable to the instructions in your Honours Letter of the present month, the friends of the Old Gentleman brought him to my Office this day in a Sledge six miles to that His Honour Judge Greville, He is truly subject of pity, a poor, Some, Sibley and able Old man, I have been well acquainted with the Old Gentleman for thirty years past and shall not attempt to suffer my duty to impose upon your Honours by writing one word, or sentiment, that is incorrect, respecting His Character, or Services, the Old Gentleman has been a very bright, active and intelligent man, through life and very highly respected by all His neighbours, and acquaintance in life, and I do believe that His Word, or letter may be relied on if any man in human life may, yet I do think that His memory is not as good as it once was, He will go on and give a very correct statement of every line of His several years of Service, as any man in life can, yet he seemed as though He might be mistaken as to the time that He entered one or two of the East India Service, but not the Service itself, I do believe that He has faithfully performed every Service of Service, that He has sworn too, I do hope that, as your Honours have had and examined the affidavit of General Sir Brock, and Mr John Krayer, you will be satisfied with the affidavits that now accompany His proceedings, for the Old Gentleman is too poor to go on His affairs to get to the County of Columbia to procure General Sir Brock again, the present affidavits may not speak every word like the General, but the same in substance, perhaps the same is registered on your Honours Missel, the reason why the applicant did not send an more affidavits, with His proceedings, is because there was only three persons with him, besides the Clergyman, should your Honours want additional testimony, it will be sent on as you request, but I do hope that your Honours will be satisfied with the testimony now before you so that you may send on to all His pension as soon as may be, together with the others, who have not as yet obtained their benefit, it is very great to receive the blessing from your Honours
I remain Sir
Very respectfully
Yours
Reuben H. S. S.

31.1144
David Fraser Woodham County of Greene New York
l.
Admitted Printed
Reuben Hosford Esq. Lexington Heights New York

WAR DEPARTMENT,
Pension Office,
May 26. 1834
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of David Frayer,
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Name and rank of the Field Officer under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1776 4 Pai Capt McCloy   1777 3 " Col Livingston   " 3 " Capt Hinds Ashe   " 2 " "   1778 3 " Capt Cline Conrad Cline  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the p. declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
Claimant is referred to Samuel Van Brock one of his officers now living near Hudson, New York, for proof of part of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject. Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
In a legal sense

January 21, 1939
XXXXXXXXXXXXXXXXXXXX
Edith Whitney Shaw 83-10 35th Avenue Jackson Heights, New York
DAVID FRAYER en S. 23226 BA-J/MLB
Dear Madam:
Reference is made to your letters of recent date, in which you request the Revolutionary War record of David Frayer who, you state, lived in Albany County, New York, and in 1840 was living with his son, Charles, in Windham, Greene County, that state, and then drawing a pension on account of his service.
You are furnished herein the record of the only soldier named David Frayer found in the Revolutionary War records of this office. The data therein were obtained from pension claim, S. 23226, based upon his service in the Revolution.
David Frayer was born in 1758 or 1759 in Livingston Manor, Columbia County, New York; the names of his parents are not shown.
David Frayer enlisted April 1, 1776, at Livingston Manor, Columbia County, New York, and served four months as a private in Captain Conrad Cline's New York company, engaged in guarding stores at Four Corners. He volunteered April 1, 1777, served three months as private in Captain Conrad Cline's company under Major Samuel Ten Broeck in the New York troops, stationed at Fort Edward. He enlisted July 10, 1778, and served three months as private in Captain Conrad Cline's company under Major Samuel Ten Broeck, at Stillwater. He again enlisted April 1, 1778, as a substitute for his brother, Isaac Frayer, of Claverack, New York, and served three months as private in Captain Abraham Fonda's New York company, went to Exeter near Boston with forty refugee prisoners and was discharged July 1, of the same year. He volunteered July 10, 1778, and served six weeks as private in Captain Cline's New York company at Greenbush, New York, where he was discharged. He volunteered September 1, 1778, served as private in Captain Conrad Cline's New York company and was discharged at Stillwater November 10, that year.
Soon after the war, the soldier moved to Windham, Greene County, New York, where he was living when he was allowed pension on his application executed February 27, 1837.

The name of David Frayer's wife was not given, and the only child whose name was designated in the claim was his son, Charles Frayer who, in 1837, was residing in Windham, Greene County, New York.
Reference was made to David Frayer's brother, John Frayer who, in 1837, was aged ninety years and living in Durham, Greene County, New York.
In order to obtain date of last payment of pension, the name and address of the person paid and possibly the date of death of this soldier, you should write to the Comptroller General, General Accounting Office, Records Division, this city, and cite the following data: David Frayer, certificate #31330, issued January 29, 1838, rate $20 per annum, commenced March 4, 1831, Act June 7, 1832, New York Agency.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

1939 Jan. 21 - Hist. to Edith Whitney Shaw - - - - - 007 23
Resolution
23226. INVALID.
File No. 23, 226
David Hayer
Prs Rev War
Act: June 7 th 39 th
Index: — Vol. 2 , Page 149
[Arrangement of 1870.]

Estates R. Morford S. Jan. 1835
New York Revolutionary David Fraser Suspense
let to R. Morford
Aug 24. 1834
Let to Robt Vanderpoel 13 Jan 1835
" " R. Morford 15. Sept. 36
" " Same Oct. 15. 1836
" " Same Feb. 15. 1837
" Same Sept. 1837
" Hon. Zadock Pratt, Dec 13, 1837.

New York David Frayer Rev — Sash and Lett R. Hosford — June 24. 1837

Anderson
Mr.
Grayson
Hon.
Hon. Com te of Prisons
Washington

J. Frye
Dear
Jan 22 NY
Mr James S. Edwards Esq. Commisioned Mission City Washington Wed Jan 16

Wm James S. Edwards Esq. Sir,
Simsbury Hgts. D. A. N. York Jan'y 11 1838
On the arrival of this day's Mail I received your Honour's written communication of the 8 th of present month, in relation to the Pension Concern of Mr David Gray, in your letter to me Mr Gray. This case has very long pending before you, I am sure until I must suppose your indulgence is almost exhausted and as I do very firmly hope that this letter may have the happy tendency of closing your indulgence, as I have been made fully acquainted with your Honour's opinion, on the merits of this question, the medium of your Honour's very polite and intelligent communi- cation, I shall therefore take the liberty of soliciting your Honour's further indulgence for a few additional moments while I state my Honour the reason why I have in my many letters to your Honour stated my belief that Mr Gray had swerved the truth, and that he was entitled by the laws of Congress to a pension for sixteen months service, the reasons with your Honour's indulgence, I will here mention, my first reason is that Mr Gray is a respectable and Old Gentleman as any in the County of Green, a man of superior intelligence, truth and veracity and he states that he is now ready to repeat his former oath of his services and say may be mistaken as to the commencement of me as to that of his last service, but not the service itself, my second reason is this that when Mr Gray first called on me to make out his application to your Honourable department for a pension he wished me to go with him to General In Brook, in the County of Columbia to procure his testimony in support of his services, that he was the Major of the Regiment that he served six months at the Northward in the 1777. He further informed me that if I would consent to go that he would get Merritt Osborn Esquire to take his horse and carriage, and carry me there, having some little business in Catskill, I consented to go, and on the next morning after Merritt Osborn Esquire called on me, when we took a seat in the carriage with him, Mr Gray and Hudson Charles, in a horse carriage, we all set out our journey for General In Brook, and something like one hour before had setting sun, we arrived at the home of the General. When and there Mr Gray accompanied to the General then informed the General that Mr Gray one of the gentlemen present had informed me that he had

Had the Honour I was as a Soldier in his Regiment Six months, at the Northward in Captain Clinch's Company at the Northward in the year 1757 the General replied that he served as a Major at the North- ward in that year Six months, but Sir said the General I do not recognize you, I do not know that I can be of any service to you, go on Mr. Frayer and give me a history of this Six months Company, and perhaps in relating this, you may convince me that you served there. Mr. Frayer then began the history of these two years of duty, he said that he was a Soldier in Captain Clinch's Company, that sometime in the month of April, that the Company commenced their march from Swingleton Manor and that he the General then a Major walked on foot, and continued to keep Company with the Soldiers through their whole march to the Northward, he further informed the General of a conversation or dispute, that took place on the Road between two men and himself the General, after said Mr. Frayer, he further infor- med the General of a rather Circumstance while on their travels to the Northward that one day was very Warm that the troops had travelled very fast and that the troops became very thirsty and prayed that they might find Water and refresh with Water, that the General did not consent, but told the Men to pluck off some twigggs of from the bushes, and Chew that they should soon come to a place that he would take them to the General, all their movements and maneuvers, until after the battle, that he mentioned to the General that he recollected after one of the last battles the Circumstance of a dead mare being brought to them bound on an old horse and many other Circumstances that I have now forgot from the commencement until the surrender to these statements the General says Gentleman I do well remember every one of them and now will know that they are true and have now no doubt of being with me during these terms, I then set down in the General's diary and on one of its leaves and wrote the General's affidavit that it was then so dark that I could scarcely see the moving of my pen, this you all know may see by looking at the writing, I wrote it in a few words and could hardly be read Sir miles further for to put up for the night, I have often mentioned to Mr. Frayer that he had better talk to the General again but being instructed by a presbyterian Clergyman that the General had Sir

Much Soil his Mind, therefore we have neglected it, Now Sir If my Affidavit, Merrill Osborn's Enquiry, and two other Gentlemen who are were present and heard every word of what the General and Mr. Frayes Conversation was, will give you it will be sent on any further satisfaction as the request of your Honour, a few words more on Mr. Frayes Part Power of duty under Captain Sunday for a three months Power of at West Chester and in guarding 40 Refugee prisoners to Exeter, I do think that in Judgment of the best entitled to answer for that Service you not only have the very solemn, deliberate, battle of the opposition but you have the battle of Mr. John Frayes, that the Company was of and left his brother and that he took them and carried his brother until he overtook the Company and that his brother was absent the three months, your Honour's rule in discrediting Testimony would not be countenanced in our legal proceedings, It would be considered completely negative, because there has no other Applicant appeared in this Company that is no conclusive evidence that he has not done this Service. In my opinion it is no more than superiority and ought not to have any weight against positive Testimony, but your Honour is the Judge, the Affidavit you alluded to in your letter was not directed to your Honour it was only for the purpose of showing facts to Colonel Bratt, the word further from what I hear from one of your Sitters, disputing and denying the time from 15 to 16 months, Mr. Frayes from the first time to the last, always stated to me that his first Power at Livingston in summer was a four months Power, and I do believe it was stated on his Application, for it is not as my fault for he always told me so, Now Sir If it will give my your Honour satisfaction that I send your Honour the four Affidavits above alluded to they will will be sent and I do pray your Honour once more to set the Case up before you and send him a pension for all that your Honour thinks that he is entitled to If your Honour can not be forwarded here is justly entitled to any more than six months please to send that to me, for he is very poor and needs it, will you Honour be so good as to write to me by the next Mail of the Affidavits I wanting -
Very Respectfully your
Rubens Hester

d. Gray m ab b6
Mr. J. Pratt AR

Washington Dec 11 th 1837 House of Rep s
Sir
Inclosed I send David Grayson affidavit for a pension please give me such answer as you think proper
I have the honor to be Respectfully your obed Serv t Zadock Pratt
J L Edwards Esq r

Lexington, Heights, Ky. August 25
Free
94 Aug 29 100 1/2 off Rev. A. A. ...
James S. Edwards Esq. Commissioner of Pensions City
Washington

Livingston Highlands N.Y. Sept 24 th 1837
Hon ble James S. Edwards Esq e Sir
Enclosed I send you the Certificate of the Secretary of the State of New York, in Examining them I find such Officers Commissioned as Mr. Frayer swears he served under but the Secretary further mentions that there is no document in his Office showing the services performed by any of the Militia Officers or Soldiers in the time of the revolutionary war, however from the testimony of General Van Brook and from the brother of Mr. David Frayer who swears that he will remember the Guard being kept at Livingston manner, and he further swears that his brother Isaac Frayer hired him to go in his place, and he further swears that the Company went off and left his brother David and that he went on with his brother in Hombacks until he overtook the Company and his brother went on with the Company, all this besides the battle of the Apphlians, I would further mention that General Van Brook told me with his own mouth that he did not recognize Mr. David Frayer but that he so Correlly stated every Circumstance that had passed from the beginning and ending of the two three months campaigns that he was with him he had not the least doubt of his being with him during these campaigns, can it reasonably be supposed that a man of the character of Old Mr. David Frayer should be guilty of corrupt perjury to procure him a pension no person that knows him will believe it and I am persuaded that all the testimony encompassing his own must carry conviction to the mind of your Honour of the correctness of his statements, there is not one of those applicants whose cases are now pending before your Honour that their word and much more their oath would be questioned under any Circumstances what ever were it otherwise I most certainly should remain silent for I shall never receive one cent for the many shows I have written scarcely enough to pay me for the paper therefore I cannot be far enough interested in the question as to injure myself, or palm an imposition on your Honour
I remain Hon ble Sir
Very respectfully
your
Reuben H. Dyer

Oct 22 Windham Oct 17
AHU
Miss James S. Edwards Esq. Commissioner of Pensions City Washington
Holcomb Maya
112

Leavington Heights Dr. C. S. N. York Oct 16 1837
Hon. James S. Edwards Esq. (Sis)
On the arrival of the last mail, I received your Honour's letter of the 14th of the present month addressed to Mr. Warren Burrock Hall Representative in Congress, Delaware, to the Hon. Mr. Roger Holcomb, after the paper applications of Messrs Roger Holcomb and David Brayer were sent through Mr. Hon. A. Sanderpool, your Honour wrote me letter that they being Post they might renew their applications, on this information immediately gave notice to both of these two applicants I appointed a day for them to meet, and on that day they both met at my office and also His Honour Judge Foster they were both made out at the same time I then returned a letter to your Honour that I had entered the appli- cations of Messrs David Brayer and Roger Holcomb, had letter your Honour newspaper, sometime after this I received your letter of the 24th of June last that the papers of David Brayer in lieu of the original papers which appear to have been sent accompanying my letter of the 17th of January last have been examined so that I think that Mr. Holcomb's application must have been overlooked in your Honour's department, for I entered both of these two applications in one letter, the one I have mentioned, should this be the case that it has not to be found will your Honour be so good as to inform me by a letter by the next mail if consistent, will your Honour accept of the application in this case without the Clerk's Certificate, I also state to your Honour that I have fixed still a charge, one quarter of a dollar for every certificate is something for this poor sickly old man be so good as to inform me of this in your next letter to me, I have not received any information from your Honour touching the case of Mr. David Brayer since I transmitted the Certificate of Sunday of the State of New York to your Honour
I remain Hon Sir
Very Respectfully
Yours & etc
Ruben Hosford
As will you inform me by a line by the next mail so that a new application may be made out if the same should not appear in your office with your answer to the question of producing the Clerk's Certificate

Jan 2 nd 38
Mr In at NY
W m James S. Edwards Esq 5 Commissioner of Pensions City Washington

Downing Heights St. As. St. York Decr 25. 1837 To the Services S. Edwards Esq. Sir
Immediately after the receipt of your Honours Letter to me respecting the business of the David Grayson I called on him and showed him your Honours Last Letter to me stating that you would allow him a pension for Six months Service for three months at Swingstons manner in 1776 and for three months at Fort Edward 1777. Mr Grayson says that he is very sorry that the Honorable the Commissioner will indulge such an uncharitable opinion of him as to think that he was guilty of swearing falsely just as he is about to descend to the grave. He says that he is now ready and willing to repeat his former oath as to the truth of all his former services, He says it may be possible that he may be mistaken as to the commencement of one or two of his said terms of duty, but that he well knows that he is not mistaken in the service, believe it to be correct. In further support of his information he states that in his said term of duty under Captain Gunda when he went to West Chester from Schenectady to Coeymans near Roslyn's Guard forty refugee prisoners the company marched of a little time before him and left him, and that his brother John Grayson took horses and carried him for more than twenty miles before he ever took his company, does not Mr John Grayson say the same and further that his brother was absent during this time, will not your Honor receive this as sufficient testimony of these services unimpeached with the oath of the applicant as most certainly think that your Honor will, Mr Grayson prays me to write to your Honor praying you to reconsider his case and not suffer him to be turned off with a pension for six months when in truth he has very faithfully served his country more than sixteen months, He most humbly prays your Honor to send him a pension for the whole time hereinafter he has served if not be pleased to add one or two years more to it together with one month at Swingstons manner that was a four months term, He is a very poor but very worthy old gentleman, Will your Honor be so good as to write a few lines by the next mail your will and pleasure on the subject or send me his pension agreeable to his request.
I remain Sir very respectfully Your afft Servt Reuben H. Ford

State of New York Greene County ss. § I William T. P. Keermance Clerk of the county of Greene aforesaid, do certify, that Henry Goslee Esq. before whom the annexed documents were sworn, was at the date of the same, one of the Judges of the Court of Common Pleas of the said County of Greene, and that I am acquainted with his hand writing, and verily believe his name sub- scribed to the said documents, to be his proper hand writing & signature Witness my hand and seal of office this seventh day of March 1837.
William T. P. Keermance Clerk

Pension Office, March 16. 1857.
Sir,
I herewith return the letter of Charles Frayer, Esq., and have the honor to state, that there is no evidence among the papers of David Frayer, that Knight ( S. M. Knight, not M. C. ) or D. K. Olney ever examined them or had a knowledge of their contents. Knight is a miserable trickster who has scattered his circulars broadcast through the land, inducing pensioners, or their representatives, to believe that he has information which will enable him to obtain an increased allowance if empowered to act as their attorney, provided a little retainer of $2 or $3, is remitted to him, &c. In ninety-nine cases out of one hundred there is not the slightest ground for his statements, (for they are based upon the published lists of pensioners , and every party who is not claiming a full pension is addressed) and, after receiving his retainer, the powers of attorney are put aside as waste paper. It is not necessary to add, that a knowledge of his nefarious conduct induced this office to strike him from the list of Agents. Of Olney we know nothing, but

he was probably a coadjutor of Knight. In the case of Frayer, however, it is probable  probab- that there is a small increase due. He was pensioned for six months' service only, but alleged 15 months in the militia of New York, viz: 11 months in 1776, under Capt. McCleung, 8 months in two tours of 3 months and one of 2 months each in 1777, in Capt. Abner Fonda's Company of Col. Livingston's Regt., and 3 months in 1778, under Capt. Cline. It is possible  probable that this service, or portions of it, may be sustained by the Records in the office of the Comptroller of New York, and if his certificate is produced, the case will be promptly re-examined.
I am, Sir, very respectfully, Your Obedt. Servant,
Commissioner.
Hon. Rufus H. King, Catskill, N.Y.

Washington March 7. 1857
Hon Com te of Pensions
If you can furnish the information desired, to the enclosed letter to me, for Mr Frayer, you will confer a favor on him. Your answer, please direct to "Catskill N.Y."
Sirly Yours
R. K. King

EDITH WHITNEY SHAW 83-10 35TH AVENUE JACKSON HEIGHTS NEW YORK
Dec 11, 1938
Mr A.D.Hiller Executive Assistant Veterans Administration Washington, D.C.
Dear Mr Hiller: Thank you for the excellent report you sent me in the case of Samuel J Wyman.
I have recently come upon the following long hand note and can not find the report to which it refers. I have an ancestor by the name of David Frayer who lived in both Greene County and Albany Co when it included the present Columbia Co.
"David Frayer Senior Petition Report B Care of Revolutionary Soldiers, p 107."
I shall appreciate hearing from you whether this report is to be found in any of the N.Y. State papers and whether it indicates service.
Yours truly,
Edith Whitney Shaw

Jan 4, 1939
Bureau of Pensions Washington, D.C.
Dear Sirs: Will you please send me at your earliest convenience, the pension papers in the case of David Frayer, who on June 1, 1840, was living with his son Charles, in Town of Windham, Greene Co, N.Y. He was named in the census of pensioners under the act for taking the sixth census.
Thank you for your attention to this request.
Yours truly
Edith Whitney Shaw
83-10 35th Ave Jackson Hgths, N.Y.

only me David Frazee Pension for Revolutionary Service 24 C ? ? ? ? 1 Senior Petition p 107 Report B Care of Revolutionary Pensioners